These Terms will apply to any contract between us for the sale of Goods and/or Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods and/or Sevices from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Goods and/or Sevices from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Goods and/or Sevices, please check the then current version of these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.lendmeyourliteracy.com. We are lendmeyourlearning Limited, a company registered in England and Wales under company number 07784707 and with our registered office at 48 The Limes, Helmsley, North Yorkshire, YO62 5DT. Our main trading address is 48 The Limes, Helmsley, North Yorkshire, YO62 5DT.
1.2 To contact us please telephone our customer service team at +44 (0)7815035044 or e-mail us at email@example.com.
2. OUR GOODS
2.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
2.2 The packaging of the Goods may vary from that shown on images on our site.
2.3 All Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Goods you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Goods and/or Sevices from our site if you are at least 18 years old, or have approval from a parent or guardian to use our site.
5.3 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.3 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods and/or Services.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 After you place an order for Goods and/or Services, you will receive an e-mail (or other form of written communication) from us confirming that the order has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.2 If we are unable to supply you with any Goods and/or Services, for example because the Goods are not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods and/or Services, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
8.1.1 changes in how we accept payment from you;
8.1.2 changes in relevant laws and regulatory requirements.
8.2 Every time you order Goods and/or Services from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended.
9. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods or purchase the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.2.1 any made-to-measure or custom-made Goods;
9.2.2 pdf resources/documents, Microsoft Word documents, newspapers, periodicals or magazines;
9.2.3 perishable goods, such as food, drink or fresh flowers;
9.2.4 software, DVDs or CDs which have a security seal which you have opened or unsealed; and
9.2.5 Once performance of the Services has begun
9.3 Your legal right to cancel a Contract:
9.3.1 In respect of the purchase of Goods, starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Goods have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.3.2 In respect of the purchase of Services, starts from the date of the Order Confirmation, which is when the Contract between us is formed. You then have 7 (seven) working days from the date the Contract is formed in which you may cancel, starting from the day after the day the Contract is formed between us. Working days means that Saturdays, Sunday or public holidays are not included in this period. You will not be able to cancel the Contract once performance of the Services has begun.
9.4 To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records.
9.5 You will receive a full refund of the price you paid for the Goods and/or Services and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If you returned Goods to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Goods to us under this clause 9 because they are faulty or mis-described, we will refund the price of defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We reserve the right to refund you by any method including, but not limited to, the credit card or debit card used by you for payment, by cheque or by BACs payment.
9.8 If the Goods were delivered to you:
9.8.1 you must return the Goods to us as soon as reasonably practicable;
9.8.2 unless the Goods are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Goods to us;
9.8.3 you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
9.10 As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.11 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10. OUR CANCELLATION RIGHTS
10.1 If we have to cancel an order for Goods and/or Services before the Services start or the Goods are delivered:
10.1.1 We may have to cancel an order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
10.1.2 If we have to cancel an order under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you.
10.1.3 Where we have already started work on your order for Services by the time we have to cancel under clause 10.1(a), we will not charge you anything and you will not have to make any payment to us.
10.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
10.2.1 you do not pay us when you are supposed to as set out in these Terms; or
10.2.2 you break the contract in any other material way and you do not correct or fix the situation within seven days of us asking you to in writing.
11. DELIVERY OF THE GOODS
11.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Goods to you.
11.3 In the event that physical delivery is used, if the Goods cannot be posted through your letter-box and no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises (or the premises of our carrier), in which case, please contact us (or our carrier) as specified in the note to rearrange delivery.
11.4 The Goods will be your responsibility from the completion of delivery.
11.5 You own the Goods once we have received payment in full.
12.PROVIDING THE SERVICES
12.1 We will supply the Services to you on or from the date agreed between us until we have completed the delivery of the Services or (if sooner) the date when the Contract between us comes to an end.
12.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 18 for our responsibilities when an Event Outside Our Control happens.
12.3 We may need certain information from you that is necessary for us to provide the Services. If so, we will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 12.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
12.4 We may have to suspend the Services if we have to deal with problems, or to make improvements agreed between you and us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 12.4 but this does not affect your obligation to pay for any invoices we have already sent you.
12.5 If you do not pay us for the Services when you are supposed to, we may suspend the Services or, if applicable, not commence the Services, with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this.
12.6 In the unlikely event that there is any defect or problem with the Services:
12.6.1 please contact us and tell us as soon as reasonably possible;
12.6.2 please give us a reasonable opportunity to repair or fix any defect or problem; and
12.6.3 we will use every effort to repair or fix the defect or problem as soon as reasonably practicable.
You will not have to pay for us to repair or fix a defect with the Services under this clause 12.6.
13. NO INTERNATIONAL DELIVERY
13.1 We do not deliver to addresses outside the UK.
13.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
14. PRICE OF GOODS AND SERVICES AND DELIVERY CHARGES
14.1 The prices of the Goods and/or Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Goods and/or Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Goods and/or Services you ordered, please see clause 14.5 for what happens in this event.
14.2 Prices for our Goods and/or Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
14.3 The price of Goods and/or Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery or performance, we will adjust the VAT you pay, unless you have already paid for the Goods and/or Services in full before the change in VAT takes effect.
14.4 The price of Goods does not include delivery charges that may be applicable to the Goods.
14.5 It is possible that, despite our reasonable efforts, some of the Goods and/or Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
14.5.1 where the Goods’ and/or Services’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods and/or Services to you at the incorrect (lower) price; and
14.5.2 if the Goods’ and/or Services’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods and/or Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
15. HOW TO PAY
15.1 You can only pay for Goods using a debit card or credit card
15.2 You can pay for Services using a debit or credit card, paypal, BACs, cheque or any other mthod we agree to from time to time.
15.3 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
15.4 We will invoice you for Services within 30 days of the date of the Order Confirmation. You must pay each invoice in cleared monies within seven calendar days of the date of the invoice or, such other dates that we agree to or stipulate in writing.
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
16.1 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any re-sale purposes.
16.2 Nothing in these Terms limits or excludes our liability for:
16.2.1 death or personal injury caused by our negligence;
16.2.2 fraud or fraudulent misrepresentation;
16.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
16.2.4 defective Goods under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect or consequential loss.
16.4 Subject to clause 16.2 and 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods and/or Services.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods and/or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods and/or Services are suitable for your purposes.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
17.3.1 death or personal injury caused by our negligence;
17.3.2 fraud or fraudulent misrepresentation;
17.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
17.3.5 defective Goods under the Consumer Protection Act 1987.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to email@example.com or by pre-paid post to lendmeyourlearning Limited at 48 The Limes, Helmsley, North Yorkshire, YO62 5DT. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods and/or Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.8 We will not file a copy of the Contract between us.